Capps v. Atiyeh

Ninth Circuit

Capps v. Atiyeh

652 F.2d 823, 1981 U.S. App. LEXIS 10868

Court of Appeals for the Ninth Circuit·Decided August 3, 1981·No. No. 80-3404·Published

Opinion

PER CURIAM:

The case is ordered submitted. The district court’s judgment is vacated. See Capps v. Atiyeh, 495 F.Supp. 802 (D.Ore. 1980), stayed, Atiyeh v. Capps, 449 U.S. 1312, 101 S.Ct. 829, 66 L.Ed.2d 785 (Rehnquist, Circuit Justice, 1981). The case is remanded for further consideration and specific findings in light of Rhodes v. Chapman, - U.S. -, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981) and Wright v. Rushen, 642 F.2d 1129 (9th Cir. 1981).

Appellants’ motion to submit supplemental briefs is denied.

JUDGMENT VACATED and CASE REMANDED.

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PER CURIAM:

The case is ordered submitted. The district court’s judgment is vacated. See Capps v. Atiyeh, 495 F.Supp. 802 (D.Ore. 1980), stayed, Atiyeh v. Capps, 449 U.S. 1312, 101 S.Ct. 829, 66 L.Ed.2d 785 (Rehnquist, Circuit Justice, 1981). The case is remanded for further consideration and specific findings in light of Rhodes v. Chapman, - U.S. -, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981) and Wright v. Rushen, 642 F.2d 1129 (9th Cir. 1981).

Appellants’ motion to submit supplemental briefs is denied.

JUDGMENT VACATED and CASE REMANDED.

Capps v. Atiyeh, 652 F.2d 823, 1981 U.S. App. LEXIS 10868 (9th Cir. 1981).

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Opinion

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